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9/25/1995MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA SEPTEMBER 25,1995 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Pernell at 7:30 p.m., in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Heinsheimer, Hill, Mayor Pro Tem Murdock and Mayor Pernell. Councilmembers Absent: Councilmember Lay (excused). Others Present: Craig R. Nealis, City Manager. Michael Jenkins, City Attorney. Lola Ungar, Principal Planner. Marilyn L. Kern, Deputy City Clerk. Captain Beth Dickinson, Los Angeles County Sheriff's Department, Lomita Station. Chip Scholz, Director of Community Affairs, Browning-Ferris Industries. CONSENT CALENDAR Matters which may be acted upon by the City Council in a single motion. Any Councilmember may request removal of any item from the Consent Calendar causing it to be considered under Council Actions. a. Minutes - Regular Meeting of September 11, 1995. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial statement for the month of August, 1995. RECOMMENDATION: Approve as presented. d. Correspondence from Browning-Ferris Industries regarding tonnage of refuse, green waste and recyclables collected in the City from July 17 through September 2, 1995. RECOMMENDATION: Receive and file. e. Status report regarding Senate Bills No. 11 (Ayala), No.'s 936 & 1066 (Campbell) and No. 1073 (Costa). RECOMMENDATION: Receive and file. Councilmember Hill moved that the City Council approve the recommendations contained in the Consent Calendar. Mayor Pro Tem Murdock seconded the motion which passed unanimously. (Mayor Pernell and Councilmember Heinsheimer abstained from voting on the Minutes of September 11, 1995.) PLANNING COMMISSION ITEMS RESOLUTION NO. 95-12: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING SITE PLAN REVIEW APPROVAL TO PERMIT THE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 528 MR. AND MRS. H. ROGER RIZI, 23 PORTUGUESE BEND ROAD (LOT 88-RH) City Manager Nealis presented Resolution No. 95-12 relative to Planning Commission action on Zoning Case No. 528. Hearing no objection, Mayor Pernell ordered that Planning Commission Resolution No. 95-12 be received and filed. Minutes City Council Meeting 09/25/95 -1- RESOLUTION NO. 95-14: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT FOR JOINT POWERS TRANSIT AUTHORITY LIMITED USES IN ZONING CASE NO. 532, PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT, 38 CREST ROAD WEST (WESTERN PORTION OF LOT 72-RH). City Manager Nealis reported that the Planning Commission has not completed their deliberation regarding this item and recommended that it be continued until Monday, October 23, 1995. Hearing no objection, Mayor Pernell ordered that this item be continued to the regularly scheduled meeting of the City Council to be held on Monday, October 23, 1995. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS PROPOSED ADOPTION OF AN URGENCY ORDINANCE AND INTRODUCTION OF A NON -URGENCY ORDINANCE ESTABLISHING JOINT POWER TRANSIT AUTHORITY LIMITED USES AS A CONDITIONALLY PERMITTED USE IN THE RA -S-2 ZONE, AMENDING TITLE 17 OF THE ROLLING HILLS MUNICIPAL CODE, AND DECLARING THE URGENCY THEREOF. City Manager Nealis recommended that this public hearing be continued until Monday, October 23, 1995, as it relates to Zoning Case No. 532 which has not yet been acted on by the Planning Commission. Hearing no objection, Mayor Pernell ordered that the public hearing be continued to the regularly scheduled meeting of the City Council to be held on Monday, October 23, 1995. OLD BUSINESS CONSIDERATION OF A REQUEST FROM THE ROLLING HILLS TENNIS CLUB FOR TREE TRIMMING/REMOVAL ADJACENT TO TENNIS COURT NO. 1. City Manager Nealis presented the staff report outlining the background relative to the request from the Tennis Club to trim or remove eucalyptus trees adjacent to court number one. He also reported that neighboring property owners have written letters objecting to the removal of these trees. City Manager Nealis outlined the Citywide Newsletter public meeting notices as they differ from Public Hearing notice requirements. • Mr. Bob Kerr, President, Rolling Hills Tennis Club, reported that several tennis players expressed concerns relative to debris from the eucalyptus trees falling onto court number one and that this prompted the request that the City trim or remove these trees. In response to Mayor Perriell, City Manager Nealis stated that staff solicited bids from local tree trimming contractors to trim or remove the trees. Mayor Pernell stated that he wanted everyone in attendance to be assured that no decision has been made as to whether the trees would be trimmed or removed. He explained that the City Council was looking for possible alternatives toward a more permanent solution, and had therefore sought the involvement of the adjoining property owners. Mayor Pernell also reported that the Rolling Hills Community Association has indicated that according to Article 1, Section 11 of the Community Association Deed Restrictions, that a permit must be obtained from the Association in order to trim or remove any tree over twelve feet tall. Mayor Pernell explained that the City leases the tennis courts and riding rings to the Community Association and that according to the Lease Agreement, the Association is responsible for facility maintenance and the City is responsible for landscape maintenance. He also explained that the Tennis Club and Caballeros have also taken on some maintenance responsibility for these facilities. Minutes City Council Meeting 09/25/95 -2- In response to an alleged conflict of interest relative to this issue as a Tennis Club member, Mayor Pernell stated that this has been discussed with the City Attorney and he has advised that no conflict exists and that.he, maywfully participate on this matter. • Mr. Dave Oberman, 1 Acacia Lane, indicated that he has played tennis on these courts and stated that court number one is not the only court where debris falls from trees and other plants. He stated that trees are an important value of this community and is prepared to file a lawsuit if the City Council does not take into consideration the impact of the trees on the value of properties surrounding the tennis courts. He further stated that it is not his intention to file a lawsuit, but to work together to find a mutually agreeable solution. In response to Mayor Pernell, Mr. Oberman explained that if these trees were removed, his privacy and his property value would be greatly impacted. Mr. Oberman stated that he does not object to the trees being trimmed as long as it is done is an aesthetically pleasing manner. • Mrs. Beth Keesal, 4 Portuguese Bend Road, stated that she objects to the removal of any trees. She indicated that she feels that tees add to the beauty, peace and quiet living in Rolling Hills. She also stated that they act as a sound barrier. Mrs. Keesal stated that she does not object to the trimming of the trees. Mayor Pernell explained that he feels that the Tennis Club would like to resolve this matter as amicably as possible. • Mrs. Cindy Oberman, 1 Acacia Lane, suggested that the trees be scheduled for trimming prior to their blooming season on a regular basis each year. She indicated that this represents an ongoing solution and would prevent severe trimming of the trees. She also suggested that the area surrounding the tennis courts also be maintained. In response to Mrs. Oberman, City Manager Nealis explained that the Community Association schedules the use of the courts and provides scheduled maintenance. He stated that it is his understanding from discussions with the Association Manager that the courts are blown and/or sprayed once per week as work schedules permit. City Manager Nealis stated that the area surrounding the tennis courts is currently left in a rural condition. Councilmember Heinsheimer suggested that eucalyptus trees are normally cut back in the fall due to their susceptibility to beetle infestation. Councilmembers concurred that trimming the trees on a regular schedule would be beneficial. In response to Mayor Pro Tem Murdock, Mr. Oberman indicated that he would prefer that the trees be trimmed in the most aesthetically pleasing manner as possible. • Mrs. Hillary Post, 1 Acacia Road, questioned whether the City Council was considering trimming the trees just this year or on an ongoing basis. In response to Mrs. Post, Councilmember Heinsheimer suggested that the City Council consider a regular trimming maintenance schedule. Mr. Oberman stated that this would be acceptable to him as long as the trees are not cut back to stumps. He also stated that he feels that the tennis courts should be swept and maintained on a regular basis as well. Mayor Pernell suggested that the neighboring property owners make a recommendation as to how they would like for the trees trimmed with input from the Tennis Club, Association, and the City's Landscape Consultant. Mrs. Oberman stated that she would like to be present when the trees are trimmed and volunteered to supervise the trimming. Discussion ensued regarding a letter received from the Association relative to Article 1, Section 11 of the Deed Restrictions. Councilmembers concurred that once an agreeable trimming solution was reached by the parties involved, the City. would apply for permission to trim the trees from the Association. Councilmember Heinsheimer moved that staff be directed to work with the Tennis Club, neighboring property owners, City's landscape consultant, Community Association and Minutes City Council Meeting 09/25/95 -3- Travers Tree Service to reach an amicable agreement regarding the specific aesthetics and volume of the trimming while minimizing any negative health impact on the trees, subject to the approval of the Community Association Board of Directors in accordance with Article 1, Section 11 of the Community Association Deed Restrictions and then proceed with the trimming of the trees with the lowest bidder, Travers Tree Service with the understanding that there may be a minimal increase in the costs due to a possible change in the scope of work. Mayor Pro Tem Murdock seconded the motion which carried unanimously. Staff was also directed to present a report regarding the permanent maintenance of the trees and grounds surrounding the tennis courts at a future City Council meeting. RECONSIDERATION OF A REQUEST BY THE ROLLING HILLS TENNIS CLUB TO IMPROVE THE AREA NORTH OF THE EXISTING GAZEBO. City Manager Nealis presented the staff report outlining previous City Council action relative to this item. City Manager Nealis reported that the Association Architectural Review Committee has also approved this request. City Manager Nealis explained that the Mayor authorized reconsideration of this item due to numerous letters from area residents objecting to the project. City Manager Nealis indicated that copies of a bid from a general contractor dated September 12, 1995, from Mr. Walter Gage, 3 Acacia Lane, had been placed before the City Council this evening. • Mr. Bob Kerr, Tennis Club President, provided background information relative to the Tennis Club's request. He indicated that the plans call for a light -weight, six post trellis to enhance the tennis court gazebo area. He further stated that this trellis would be screened from neighboring properties. Mr. Kerr stated that the Tennis Club is willing to work with the City Council and the neighboring property owners to resolve this matter. Councilmember Heinsheimer stated that it seems as though the issues of trimming the trees and improvements to the gazebo area at the tennis courts have been linked together and questioned whether the Tennis Club would have any objection to holding off on this project until the tree trimming matter is resolved. In response to Councilmember Heinsheimer, Mr. Kerr stated that the Tennis Club would have no objection. Councilmembers discussed the bid received from Mr. Gage. In response to Mayor Pro Tem Murdock, City Manager Nealis reported that this was not requested by the City and he had no knowledge of the bid prior to the meeting. • Mr. Walter Gage, 3 Acacia Road, stated that he requested this bid as a citizen of Rolling Hills. Mr. Gage expressed concern that as the years have gone by, more and more improvements have been made to the tennis court area and that neighboring property owners have not been advised of these improvements by the Tennis Club before prior to City Council consideration and suggested that area residents receive special notification in the future. Mr. Gage stated that Rolling Hills residents should not have to pay for such improvements. Mayor Pernell explained the City Council Agenda mailed with the Citywide Newsletter every other week. He suggested that special notification be sent to the neighboring property owners when an issue involving the tennis courts is brought before the City Council and urged the Tennis Club to solicit input from surrounding property owners when considering improvements. Mayor Pro Tem Murdock suggested that the City use the 1,000 foot radius formula as in Site Plan Review. Mayor Pernell commented on rumors he has heard regarding a request for lights on tennis court number one. He stated that there has never been an official request for lighting on that court and that he feels that there will never be lighting on that court. • Mr. Dave Oberman, 1 Acacia Lane, expressed concern for the removal of a tree in order to accomplish the extension of the gazebo area. Minutes City Council Meeting 09/25/95 -4- In response to Mr. Oberman, City Manager Nealis explained that the Tennis Club will not be able to move forward with this project, if funds became available during this waiting period, because the City would need to approve plans before building permits could be issued. Hearing no objection, Mayor Pernell requested that the Tennis Club withhold construction of the improvements for ninety days to allow time for staff to establish a meeting with representatives of the Tennis Club, neighboring property owners, Community Association and staff to discuss the improvements after the tree trimming issue has been resolved. CONSIDERATION OF A STAFF REPORT REGARDING A NEW AERIAL PHOTOGRAPH FOR THE CITY COUNCIL CHAMBERS. City Manager Nealis presented the staff report. Councilmembers discussed the thickness of the proposed backing material and the recommended location for the photograph. Hearing no further discussion, Mayor Pernell called for a motion. Councilmember Heinsheimer moved that staff be directed to proceed with this project with the lowest bidder, Lung & Associates, in an amount not to exceed $2,853.68 and to solicit the services of the lowest bidder for framing of the photograph, Bay Cities Frames, in an amount not to exceed $273.87. Mayor Pro Tem Murdock seconded the motion which carried unanimously. CONSIDERATION OF PROFESSIONAL SERVICES TO ASSIST WITH THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE CITY EMERGENCY GENERATOR SYSTEM. City Manager Nealis presented the staff report. Hearing no discussion, Mayor Pernell called for a motion. Councilmember Heinsheimer moved that the City Council authorize staff to sign an appropriate letter agreement with Thomas C. Montague retaining his services to assist with the preparation of plans and specifications for the City's Emergency Generator System in an amount not to exceed $1,500.00. Mayor Pro Tem Murdock seconded the motion which carried unanimously. NEW BUSINESS None. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME • Chip Scholz, BFI Director of Community Affairs, addressed the City Council regarding the collection of recyclables and green waste in the City,. MATTERS FROM MEMBERS OF THE CITY COUNCIL • Mayor Pernell reported that the Los Angeles County Sanitation Districts are considering providing a superfund indemnification program to City's subscribing to certain practices relative to the collection and recycling of solid waste. • Mayor Pernell also reported that he and Councilmember Heinsheimer attended the Grand Reopening of the Peninsula Center Library on Sunday, September 17, 1995. MATTERS FROM STAFF None. MATTERS FROM THE CITY ATTORNEY • City Attorney Mike Jenkins reported that the League of California Cities has been reviewing a pending case relative to whether a City has the legal authority to adopt fire sprinkling requirements that go beyond what is provided for in the uniform codes Minutes City Council Meeting 09/25/95 -5- without having to make special findings and outside of the limited time frame when uniform codes are amended every year. He stated that the League is encouraging cities to join in an amicus brief in support of the City of Livermore relative to this matter. The City Council concurred that the City of Rolling Hills should join in this effort. • In response to Mayor Pernell, City Attorney Jenkins reported on new legislation which provides for the streamlining of the land use permit application process. ADJOURNMENT Hearing no further business before the City Council, Mayor Pernell adjourned the meeting at 8:50 p.m. to the next regularly scheduled meeting of the City Council to be held on Monday, October 9, 1995. Respectfully submitted, ff er�.n Marilyn L. n Deputy City Clerk Mayor Minutes City Council Meeting 09/25/95 -6- 1 1